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(영문) 대전지방법원 천안지원 2020.01.09 2019고단2704

공무집행방해등

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. At around 17:05 on October 22, 2019, the Defendant damaged public objects, after receiving a report from 112 that “any male fessat around the apartment Cdong, Seo-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seoul, and that “any male fessat around the fessat. Any male fessat outside the fesat, and any other fessat,” sent to the site, proposed the Defendant to return to the Defendant after investigating the details of the report by the police officer E belonging to the YY, the police officer of the YY, and the police officer, who stopped at the front seat of the vehicle patrol where he stopped without any justifiable reason, let him smoke on the back seat of the fesat, and let him go off with a fesc

Accordingly, the defendant damaged public goods.

2. The Defendant, at the same time and at the same place as the preceding paragraph, committed assault, such as: (a) the horse captain E was prevented from harming the driver’s seat of the patrol vehicle; and (b) the Defendant was able to drive the patrol vehicle out of the patrol vehicle; and (c) the e’s backward part of the E’s backward part was cl

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. On-site photographs;

1. Application of Acts and subordinate statutes to a copy of the 112 Reporting List;

1. Relevant provisions of the Criminal Act and Articles 136 (1) and 141 (1) of the Criminal Act concerning facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Probation, medical treatment order and community service order Article 62-2 of the Criminal Act, Article 2-3 subparagraph 2 of the Medical Treatment and Custody Act and Article 44-2 of the Medical Treatment and Custody, etc. Act recognize and reflects all of the defendant's errors, and there is no record of punishment other than the fine imposed due to the violation of the Road Traffic Act in 1998, and under medical treatment such as alcohol dependence, and the crime of obstruction of performance of official duties requires strict punishment as a crime detrimental to the State's function by nullifying legitimate exercise of public authority, and the method and number of persons subject